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AB 773

Marine resources: copper-based antifouling paint: standards, studies, and best methods.

2025-2026 Regular Session Introduced by Diane Dixon

AB 773 pauses enforcement of copper-based antifouling paint rules while California agencies study effects, reevaluate standards, and publish unified statewide guidance by 2028.

In committee: Held under submission.
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Bill Summary · AB 773

AB 773 — Summary (Dixon)

Title: Marine resources — copper-based antifouling paint: standards, studies, and best methods
Status: In committee — Held under submission (05/23/2025)
Introduced: February 18, 2025

Main purpose

AB 773 directs a coordinated multi‑agency pause in enforcement of existing California regulations governing copper‑based antifouling boat paints while state agencies complete and reconcile scientific studies and develop uniform, statewide guidance and regulatory approaches to address copper contamination from these paints.

Key provisions

  • Suspension of enforcement

    • Requires the State Water Resources Control Board (State Water Board), regional water quality control boards, and the Department of Pesticide Regulation (DPR) to suspend enforcement of regulations relating to copper‑based antifouling paint (explicitly including, but not limited to, Section 6190 of Title 3, Cal. Code Regs.) until specified requirements are satisfied.
    • While the suspension is in effect, any boat painted with a copper‑based antifouling paint that was DPR‑approved as of the bill’s effective date is deemed in compliance with any copper‑paint regulation.

  • Deadlines for studies and reevaluation

    • By June 1, 2027: CalEPA, the State Water Board, regional boards, and DPR must collaborate on active studies concerning (a) the effectiveness of low‑leach‑rate antifouling paints and (b) elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily attributable to such paints. DPR must finish and publicly release these active studies.
    • By January 1, 2028: DPR must complete a reevaluation of copper‑based antifouling boat paint products and decide whether to retain, modify, suspend, or adopt new standards on chemical composition or use.
    • By January 1, 2028: CalEPA, the State Water Board, and DPR must collaboratively determine “best methods” to address elevated copper concentrations and CalEPA must post those methods on its website (may include compliance guidelines and public workshops).

  • Regulatory coordination and enforcement mechanics

    • After study release and determination of best methods, the State Water Board, DPR, and regional boards must agree on and publish guidelines for uniform enforcement statewide.
    • If regulations are amended, the State Water Board and DPR must ensure amended rules assign direct responsibility for testing, sampling, monitoring, enforcement, and corrective actions to the relevant state agency and are applied uniformly across the state.

Who is affected

  • Boat owners and the recreational/commercial marine maintenance industry (temporary relief from enforcement for DPR‑approved copper paints).
  • Marinas and harbor managers (focus of elevated copper concerns).
  • State and regional regulators (required to coordinate studies, guidance, and enforcement roles).
  • Marine ecosystems and water quality—addresses concerns about dissolved copper from antifouling paints.

Procedural / timeline notes

  • Major deadlines: June 1, 2027 (studies completed and released); January 1, 2028 (DPR reevaluation completed; best methods posted).
  • Fiscal: bill indicates “Fiscal Committee: YES” but “Appropriation: NO.”
  • Legislative actions: Referred to Environmental Safety & Toxic Materials (03/03/2025); amended and re‑referred; passed committee and re‑referred to Appropriations (04/30/2025); set in Appropriations suspense file and held under submission (05/14–05/23/2025).

Effect in plain terms

AB 773 temporarily halts enforcement of copper‑paint rules to allow unified, science‑informed decisionmaking by DPR, CalEPA, and water boards — aiming for consistent statewide standards and enforcement while completing and publishing key studies and a formal reevaluation of copper‑based antifouling products.

Compiled from official sources — confirm details with the bill’s official record.

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